Eugene R. Fidell

Senior Research Scholar in Law and Florence Rogatz Visiting Lecturer in Law

Eugene R. Fidell is a Senior Research Scholar in Law and the Florence Rogatz Visiting Lecturer in Law at Yale Law School. Since graduation from Harvard Law School in 1968, he has been a partner at LeBoeuf, Lamb, Leiby & MacRae and Feldesman Tucker Leifer Fidell LLP, where he is currently of counsel.


Contact Information

Yale Law School

P.O. Box 208215

New Haven, CT 06520

Education & Curriculum Vitae

B.A. (Philosophy), Queens College, 1965

LL.B., Harvard, 1968

Courses Taught

  • Admiralty Law
  • American Indian Tribal Law
  • Disasters
  • Guantanamo
  • Military Justice
  • Federal Indian Law
  • Law of the Sea
  • The Original Jurisdiction of the Supreme Court

Eugene R. Fidell is a Senior Research Scholar in Law and the Florence Rogatz Visiting Lecturer in Law at Yale Law School. Since graduation from Harvard Law School in 1968, he has been a partner at LeBoeuf, Lamb, Leiby & MacRae and Feldesman Tucker Leifer Fidell LLP, where he is currently of counsel. He served in the U.S. Coast Guard from 1969 to 1972 as a judge advocate, and has continued to be actively involved in military legal matters, serving from 1991 to 2011 as president of the National Institute of Military Justice. He began teaching at Yale in 1993, and has also taught at Harvard Law School and the American University Washington College of Law. He is Life Member of the American Law Institute. He has written on labor, environmental, energy, and military law, as well as judicial administration, and often serves as a commentator for domestic and foreign news media. He is married to Linda Greenhouse, the Knight Distinguished Journalist in Residence and Joseph Goldstein Senior Fellow at Yale Law School.

Wednesday, February 18, 2015

Eugene Fidell Named 2016 Order of the Coif Distinguished Visitor

Eugene R. Fidell, the Florence Rogatz Visiting Lecturer in Law at Yale Law School, has been selected as the Order of the Coif Distinguished Visitor for 2016.

Tuesday, November 4, 2014

Yale Law School Hosts Global Seminar on Military Justice

Yale Law School will hold a Global Seminar on Military Justice on November 7 and 8 featuring informed discussion by experts who are personally involved in reform efforts. 

Tuesday, June 11, 2013

YLS Lecturer Eugene Fidell, Legal Scholars Publish Open Letter on Military Justice Reforms

Florence Rogatz Visiting Lecturer in Law Eugene Fidell and a group of legal scholars publish a statement encouraging Congress to consider making structural changes to the military justice system.

Thursday, August 23, 2012

Does Tingey Rhyme With Dinghy? Yale Law Team Tackles Hard-to-Pronounce Supreme Court Case Names

A Yale Law School team has produced a dictionary listing the correct pronunciations of Supreme Court cases with hard-to-pronounce names.

Friday, March 25, 2011

April Seminar Will Consider Critical Issues Facing Military Justice Systems

Leading military appellate court judges from around the world will take part in a Global Military Appellate Seminar April 1 and 2 at Yale Law School.

Monday, July 7, 2008

Eugene Fidell Appointed Rogatz Visiting Lecturer

Eugene R. Fidell, a leading expert in military justice, will join Yale Law School as the Florence Rogatz Senior Visiting Lecturer in Law.


Global Military Justice Reform


Military Justice Cases and Materials (LexisNexis2d ed 2012) (with Elizabeth Lutes Hillman and Dwight H. Sullivan)

Military Court Rules of the United States (LexisNexis 2012)

Evolving Military Justice (Naval Institute Press 2002) (with Dwight H. Sullivan)

Annotated Guide to Procedures for Trials by Military Commissions (Lexis-Nexis/Matthew Bender 2002) (editor)

Guide to the Rules of Practice and Procedure for the United States Court of Appeals for the Armed Forces (1st-13th eds. 1978-2010)

Military Commission Instructions Sourcebook (2003) (editor)

Military Commission Instructions Sourcebook 2d (2004) (editor)

Book Chapters

Uphold the Geneva Conventions and the Convention Against Torture, in Restoring American Leadership: Cooperative Steps to Advance Global Progress (Open Society Inst. 2005)

Disorder in Military Courts, in Liberty Under Attack: Reclaiming Our Freedoms in an Age of Terror (Century Foundation 2007)

Law Review Articles

Military Law
“If a Tree Falls in the Forest . . .”: Publication and Digesting Policies and the Potential Contribution of Military Courts to American Law, 32 JAG J. 1 (1982)

Review of Decisions of the United States Court of Military Appeals by the Supreme Court of the United States, 16 Mil. L. Rptr. 6001 (1988)

A Roving Commission: Specified Issues and the Function of the United States Court of Military Appeals, 122 Mil. L. Rev. 117 (1988) (with Linda Greenhouse)

The Culture of Change in Military Law, 126 Mil. L. Rev. 125 (1989)

Military Justice and Military Judges: The Path to Judicial Independence, 74 Judicature 14 (1990)

Going on 50: Evolution and Devolution in Military Justice, 32 Wake Forest L. Rev. 1213 (1997)

A World-Wide Perspective on Change in Military Justice, 48 A.F. L. Rev. 195 (2000)

Military Commissions & Administrative Law, 6 Green Bag 2d 389 (2003)

The First Amendment and Military Courts, 23 Communications Law. 10 (Fall 2005) (with Steven D. Zansberg and Matthew S. Freedus)

Military Commission Law, Army Law., Dec. 2005, at 47 (with Dwight H. Sullivan and Detlev F. Vagts)

Guantánamo and All That, 53 Fed. Law. 45 (Feb. 2006)

Accountability, Transparency, and Public Confidence in the Administration of Military Justice, 9 Green Bag 2d 361 (2006)

Zen and the Jurisprudence of the United States Court of Appeals for the Armed Forces, 54 Fed. Law. 28 (May 2007)

Watchdogs and Lapdogs: National Security Journalism, in 1 Ann. Symposium on Emerging Issues in Nat’l & Int’l Sec’y 64 (2007)

Book Review, Peter Rowe, The Impact of Human Rights Law on Armed Forces, 101 Am. J. Int’l L. 252 (2007)

Is There a Crisis in Military Appellate Justice?, 12 Roger Williams U. L. Rev. 820 (2007)

Reforming Interrogation Practices: Alexis St. Martin and the Post-9/11 Era Opportunity, 16 Hum. Rgts. Brief No. 4, at 26 (Spring 2009)

Criminal Prosecution of Civilian Contractors by Military Courts, 50 S. Tex. L. Rev. 845 (2009)

The Next Judge, 5 J. Nat’l Sec. L. & Pol. 303 (2011)

Charm Offensive in Lilliput: Military Commissions 3.1, 56 St. Louis U. L. Rev. 1177 (2012)

Ten Years On: Military Justice and Civil Liberties in the Post-9/11 Era, 56 N.Y.L.S. L. Rev. 103 (2012)

International Developments in Military Law, 17 Can. Crim. L. Rev. 83 (2013)

The Boards for Correction of Military and Naval Records: An Administrative Law Perspective, 65 Admin L. Rev. 499 (2013)

Judicial Administration
Befriending the Court: A Few Words on Amicus Briefs, 6 Legal Times 14, at 8 (Sept. 5, 1983)

The Strange Case of John Doe: Getting Anonymity in Federal Court, 6 Nat’l L.J. No. 26, at 20 (1984)

Judicial Recantation: Homage to Baron Bramwell, 71 Judicature 259 (1988)

A Pronouncing Dictionary of the Supreme Court of the United States, 15 Green Bag 2d 433 (2012) (co-author)

An American Indian Supreme Court, 2 Am. Ind. L.J. 1 (2013)

Energy and Environmental Law
Ten Years Under the Bartlett Act: A Status Report on the Prohibition on Foreign Fishing, 54 B.U.L. Rev. 703 (1974)

Fisheries Legislation: Naval Enforcement, 7 J. Mar. L. & Com. 351 (1976)

The Case of the Incidental Lobster: United States Regulation of Foreign Harvesting of Continental Shelf Fisheries Resources, 10 Int’l Law. 135 (1976)

International Relations and Nuclear Commerce: Developments in United States Policy, 8 L. & Pol. in Int’l Bus. 913 (1976) (with William O. Doub)

Hot Pursuit from a Fisheries Zone, 70 Am. J. Int’l L. 95 (1976)

Enforcement of the Fishery Conservation and Management Act: The Policeman’s Lot, 52 Wash. L. Rev. 513 (1977)

Liability for Oil Pollution: United States Law, 10 J. Mar. L. & Com. 476 (1979) (with Allan I. Mendelsohn)

The Assessment of Pollution Damage to Aquatic Resources: Alternatives to the Trial Model, 19 Santa Clara L. Rev. 641 (1979) (with Richard A. DuBey)

International Law and the Transportation of Plutonium and Spent Nuclear Fuel by Sea, 31 Int’l Law. 757 (1997)

Labor Law
Improving Competence in the Merchant Marine: Suspension and Revocation Proceedings, 45 Mo. L. Rev. 1 (1980)

The Nuclear Industry: Employee Protection Provisions of Federal Law, 110 Pub. Utils. Fortnightly No. 10 (1982) (with William C. Marcoux)

Federal Protection of Private Sector Health and Safety Whistleblowers, 2 Ad. L.J. 1 (1988)

Op-Eds and Miscellany
Let Us Now Praise Unfamous Men, N.Y. Times Op-Ed Page, May 4, 1985

Duvaliers and Marcoses Need an Elba, N.Y. Times Op-Ed Page, Feb. 15, 1986

Goodbye $, Hello “B”, N.Y. Times Op-Ed Page, July 15, 1991

Legis-flation, N.Y. Times Op-Ed Page, June 1, 1995

Ex-New Yorker ISO CB/RYE, N.Y.L.J., Mar. 25, 1996, at 2

Not by Corned Beef Alone: The Law of Salami, Pastrami and Chopped Liver, 19 Legal Times No. 2, at 22 (May 27, 1996)

Rethinking the Concept of Congressional Districts, The Hill, June 26, 1996, at 24

Sorry, 71 FED. REG. 1 (2006), 8 Green Bag 2d 155 (2005)

Judge Crater’s New York (Book Review), 8 Green Bag 2d 321 (2005)

What Should the U.S. Do About Gitmo?, Wash. Times, Dec. 7, 2008

Hearings on Motions: A Modest Proposal, Nat’l L.J., Dec. 22, 2008

Why Did the Cambodia Bombing Continue? 13 Green Bag 2d 321 (2010)

No Sanctuary for Dictators, 38 Yale J. Int'l L. Online 46 (2013)

How Federal Statutes Are Named, 105 L. Libr. J. 7 (2013) (co-author)